Dwaipanacharya (IT Process Implementation Consultant) 23 June 2014

Denial of relieving letter/service letter

dear Learned people,

Facts:

1. I worked for an MNC between 30 April 2004 and 10 April 2006.

2. Left the MNC after Verbal discussion with senior managers, for 2 days and multiple sessions- where they

tried to persuade me not to put in my papers, that I'll need to resign from the job.

3. I was advised that I have to give a letter informing that I was resigning, which I'd duly drafted and given.

4. Notice period was 1 month, which I did not complete due to pressing matrimonial issues.( victim of 498(a)

court documents as evidence is available )

Now I am joining another MNC which is asking for relieving letter from previous company.

I approached previous company, following is the status:

1. 4 data migrations between 2006 and 2012 hence information not available/ accessible.

2. Available service record says "absconding from work".

3. Denied to provide any documentation- like form T, Q, H and F.

4. Denied full and final settlement as absconding from work.

5. Denied Service letter.

6. Denied that there is any resignation letter available on record.

Documents available with me:

1. Last working month pay slip, form 16 for last working year.

2. Offer letter and Appointment letter.

Questions:

1. If my ex managers provide a sworn affidavit that I'd discussed with them my resignation, will it help avoid

the "absconding" tag.

2. Will I be able to access my service records including comments by my managers on final discussions

regarding my discussions on resignation.

I believing the HR is either too lazy to search for docs or they really don't have the docs and fear for

consequences.

Please advise the best way to tackle this situation.

Reply Follow

8 Replies

Dwaipanacharya (IT Process Implementation Consultant) 23 June 2014

Addendum:

1. I have offered to pay 1 month salary in lieu of notice period as envisaged in the offer/appointment letter.

2. Offered to indemnify through a written undertaking against any financial or legal liabilities, limited to and as envisaged in the offer/appointment letter.

Kumar Doab (FIN) 23 June 2014

>>> You shall agree that you are facing problems now because your own approach at that time ………………………….8 years back………………………………..and for 8 years……………….. was not proper.

Resignation addressed to appointing authority should be submitted by letter thru redg. post and POD and certified copy of runs sheet of postman should be obtained from PO.

Employee should submit the minutes of meeting even if from personal email id………………………..preferably by letter thru redg. post.

>>> The written communication from your manager shall certainly help and request him to add that you had tendered notice of resignation/resignation dated………,…….and Mr/Ms…………………….had meeting with you to persuade you not to resign (on dated………….in office) and resignation brought by hand was not accepted by hand and thereafter notice of resignation/resignation was collected from you by hand on dated…………………………and the copy from your record is being endorsed by him……………………………

You can affirm to adjust notice pay in FnF statement and supply the same for verification and acceptance by you.

You must not agree or give any statement or indemnity in writing, and hold on till you are advised by your lawyer……………………and let all communications be drafted by your lawyer.

Do you have acknowledgment of resignation submitted by you……………………………..or you just have the copy of it?

Has the company supplied in writing to you that info not available/accessible, your status is ‘Absconded from work’, Form T,Q, H, F , FnF statement/settlement/payment , service certificate, shall not be supplied……………………..?

Has it stated in writing that resignation letter is not available on record?

Before declaring ‘Absconder’ company should have supplied the communications, notices, legal notice, and advt in paper……………………!!!

‘Absconder’ is a derogatory word!

You can demand to show the personnel file with notes and notings……………..

>>> You have just mentioned it is MNC……………………..and it is not sufficient.

What is this company/establishment: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

What is its line of business: It, banking etc……….?

The Redg. office of the company is in which state?

You were located in which state in this company?

Does the company have an office in state or city where you are currently located?

Has the company stated jurisdictional courts in appointment letter in case of dispute and the location of courts is same where you are located or some other location?

How many employees are employed in it?

What was your designation and nature of duties?

Was your service confirmed in writing?

Do you have proper acknowledgment of notice of resignation?

Dwaipanacharya (IT Process Implementation Consultant) 23 June 2014

PLEASE FIND MY ANSWERS IN READ

YES I AGREE THAT THE WAY I HAD TO LEAVE WAS IMPROPER, HOWEVER THE CIRCUMSTANCES WERE REALLY BAD AND I HAD TO TAKE A STAND

Resignation addressed to appointing authority should be submitted by letter thru redg. post and POD and certified copy of runs sheet of postman should be obtained from PO.

Employee should submit the minutes of meeting even if from personal email id………………………..preferably by letter thru redg. post.

You can affirm to adjust notice pay in FnF statement and supply the same for verification and acceptance by you.

You must not agree or give any statement or indemnity in writing, and hold on till you are advised by your lawyer……………………and let all communications be drafted by your lawyer.

Do you have acknowledgment of resignation submitted by you……………………………..or you just have the copy of it?

I DO NOT HAVE EITHER AN ACKNOWLEDGEMENT NOR A COPY OF THE LETTER SUBMITTED.

NO THEY ARE RELUCTANT TO PUT ANYTHING IN WRITING AND THE HR GENERALIST ASSIGNED TO MY CASE KEEPS CALLING ME UP EACH TIME

Has it stated in writing that resignation letter is not available on record?

NO THEY ARE RELUCTANT TO PUT ANYTHING IN WRITING AND THE HR GENERALIST ASSIGNED TO MY CASE KEEPS CALLING ME UP EACH TIME

Before declaring ‘Absconder’ company should have supplied the communications, notices, legal notice, and advt in paper……………………!!!

THEY ARE NOT READY TO PROVIDE ANY INFORMATION. I CAN DEFINITELY SAY THAT I HAVE RECEIVED NEITHER AN EMAIL NOR ANY LETTER (WARNING OF TERMINATION) AT ANY POINT OF TIME. (I HAVE NOT CHANGED MY EMAIL ADDRESS AND LIVED IN THE SAME ADDRESS FOR 2 MORE YEARS AFTER LEAVING THE SAID MNC)

‘Absconder’ is a derogatory word!

You can demand to show the personnel file with notes and notings……………..

>>> You have just mentioned it is MNC……………………..and it is not sufficient.

THE COMPANY IS MPHASIS BPO

What is this company/establishment: Commercial, Industrial, Small Enterprise?

ESTABLISHED UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENTS

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

What is its line of business: It, banking etc……….?

BPO

The Redg. office of the company is in which state?

KARNATAKA

You were located in which state in this company?

KARNATAKA

Does the company have an office in state or city where you are currently located?

BANGALORE, KARNATAKA

Has the company stated jurisdictional courts in appointment letter in case of dispute and the location of courts is same where you are located or some other location?

NO MENTION OF JURISDICTION IN OFFER OR APPOINTMENT LETTER

How many employees are employed in it?

10000+

What was your designation and nature of duties?

CUSTOMER SERVICE EXECUTIVE

Was your service confirmed in writing?

DO YOU MEAN AN APPOINTMENT LETTER, THEN YES.

Do you have proper acknowledgment of notice of resignation?

NOPE

Kumar Doab (FIN) 23 June 2014

Arrange to obtain the said affidavit from your manager. Let your lawyer draft it. Also ask your manager to send an email to company (at a time when your lawyer advises it) with a copy to you. Let your lawyer draft it too. Both should contain that you had submitted notice of resignation/resignation.

If company has declared you ‘Absconder’ without following due process of handling ‘Misconduct’ then it is at weak foot.

Record all calls of these HR personnel. You must arrange your points and must know how to drive the discussion during call and extract whatever admission you want.

At an appropriate time submit minutes. Let your lawyer decide it and draft minutes too.

The Shops and Commercial Establishments Act was enacted to regulate the terms of service and other conditions of work of persons employed in shops, commercial establishments, other establishments………………..

You are right that BPO is covered by this enactment.

You may go thru Karnataka Shops and Commercial Establishments Act :

Sec: 2(e,g,h,k,w),6A,8,15,16,18,21,22,26,27,29,34,39,…………………..(Sec39 in particular)

And

Karnataka Shops and Commercial Establishments Rules………………..

Model Standing Orders; Sec13-18…………

Find out from certifying officer (CO that may be DLC in local o/o labor Commissioner) if company submitted Draft Standing Orders for certification and if yes obtain certified copy at a nominal cost that may be Rs3/page………………..

If standing orders were not certified Model Standing Orders shall apply, however obtain Draft Standing orders submitted by company.

As you have made a mention of form T,Q,F,H, it is felt that you are aware of the nuances of the above.

You have already faced litigation…………………………….hence you should be wiser by now therefore do your homework and handle the matter patiently .

The data migration or number of times of migration is none of your business……………………Company shall have to substantiate its allegations and claims……………

By your designation and nature of duties you should be covered as ‘Employee’ as in Karnataka Shops and Commercial Establishments Act, and as ‘Workman’ as in ID Act……………..

Standing Orders should also be applicable.

Even if you were terminated FnF statement for verification and acceptance by you, FnF dues, service certificate, salary slip of last month and each month of employment, Form16 of each year, PF a/c slips of each year of employment, ESIC card, reliving letter shall have to be provided (avoid getting it without comments/or with adverse comments, rather ensure to get it with good comments),…………………………….you can also demand certified copy of the ‘Service Card’…………………

If HR is declining to supply copy of form T,Q,F,H approach and obtain from Inspector appointed under Karnataka Shops and Commercial Establishments Act and pursue even if thru RTI………………..

The BPO employee’s have also formed unions (CBPOP) /IT/ITeS employees have also formed unions and Trade Unions are willing to embrace…………………..

In appointment letter probation period is mentioned however confirmation of service is later by a letter of confirmation? Was your service confirmed in writing: If NO; you may still be treated under probation and notice period of 1 month in probation period may be unreasonable.

Is it mentioned in appointment letter that service conditions shall be governed by HR policy/Service Rules and Regulations and were these supplied to you alongwith appointment letter. If NO you can demand these.

You may go thru:

https://www.lawyersclubindia.com/forum/Notice-period-104062.asp#.U6g-j5SSwb8

and other threads mentioned in it.

If you were made to do OT but OT wages were not paid you may rake up the issue………………

Even if you absconded the payment of wages can not be delayed and employee can be penalized for non payment of wages/delay by say Rs.7500/instance………………..

FnF wages are to be paid on last day in office or within next 3 days or max. by usual pay day……………….

If you have submitted some reminders by normal post you can produce copies……………

Company may claim communications were sent by normal post.

Unpaid wages is debt on employer…………………………..

Extract confirmation that wages were not paid from HR………………….. Let your lawyer draft your points of discussion too………………

Approach a local competent and experienced Labor consultant/Service lawyer with all docs, give inputs in writing and proceed under expert advice of your lawyer.

You may get everything by efforts of your lawyer. Lawyers are trained in mediation, arbitration, conciliation and your lawyer can get you relief without litigation.

BE Smart.

Attached File : 958826919 karnataka shops and commercial establishment act.pdf, 958826919 model standing orders industrial employment standing orders rules.pdf, 958826919 challenges for organising bpo workers in india.doc downloaded: 248 times

Kumar Doab (FIN) 23 June 2014

Attached

Attached File : 958826919 trade unions in karnataka.doc, 958826919 list of labor officials in banglore.doc downloaded: 149 times

Dwaipanacharya (IT Process Implementation Consultant) 24 June 2014

Kumar Sir,

Thanks for the detailed information. Yes as you mentioned I have faced litigation and I'd think twice before getting into any legal tussles with out thinking it through. I have an appointment with my legal counsel on 24th and I shall simultaneously persue discussions with CBPOP.

I shall PM you on the progress.

Much appreciate your help.

Thanks and Regards,

Dwait

Sumit (Planning Officer) 24 June 2014

Respected Sir,

I have worked for a company from 4th feb,2013 to 7th feb,2014(last working day).

I put down my papers on 5th feb,2014, just after completing 1 year in the firm.
On January 2nd , 2014 my manager made some personnal remarks on me, i raised the issue to VP Sales but nothing happened. After that my managers tried to do every single effort to stop me to do sales but i did.
my manager warned my teammates not to talk with me. So such kind of harrashment my managers was doing. Finally i put down my papers.
On 7th Feb,2014, They called me and said that they want me to go , I said OK.
But later on i came to know that my manager sent a mail to HR department on 7th feb,14 that i was asked to leave because of some sales issue (like doing sales in some other areas, not in my territory).

Now, after almost 4 and half months my HR says that they will not issue my Releiving and experience letter. But they have done my Full & Final Payment and also gave F&F sheet having details of my work, Joining date, Resignation date, Last working date(ACTUALLY A NO DUES CERTIFICATE).

Now, KIndly help me what should i do, Because my current employer is asking for the experience & relieving letter.